South Dakota roofing contract rules
What a South Dakota roofing contract must say, how long you can back out, how much a roofer may ask up front, when a lien can follow and what a roofer may do about your insurance claim. Each rule is quoted from the statute or agency rule. Checked 2026-10-09.
Short answer: You can cancel a South Dakota door-to-door sale until midnight of the third business day after the date of the transaction (3 business days, S.D. Codified Laws §37-24-5.3(1)). The federal rule adds 3 business days for sales made at your home (16 CFR 429). On a South Dakota storm-damage roofing contract you may also cancel within seventy-two hours after you are told your insurer denied the claim, in whole or in part (S.D. Codified Laws §37-24-51(2)). A South Dakota lien ends 120 days after the last work or the last item furnished unless a claim statement is filed with the county register of deeds in that time (S.D. Codified Laws §44-9-15). 14 rules on this page are quoted from official statutes, agency rules or regulator pages; 7 more are marked not confirmed.
State cancel period
3 business days
S.D. Codified Laws §37-24-5.3(1)
Deposit rule
not confirmed
No deposit rule confirmed
Lien filing deadline
120 days
S.D. Codified Laws §44-9-15
Written contract
Rule quoted
S.D. Codified Laws §37-24-5.3(1)
Find your last day to cancel
Only the signing date is needed for the cancel dates. Add the other dates when they happen and the rules that start from them get a calendar day too. Counting starts the day after the date you enter.
Enter the signing date to see your dates.
Days are counted the way each rule defines them: federal “business days” skip Sundays and federal holidays and count Saturdays; where a state rule defines business days as Monday to Friday we skip Saturdays and Sundays; where a rule says business days without defining them, or just says “days”, we count every calendar day and show the earliest possible date. State holidays are not subtracted, so a real deadline can fall a day or two later than shown. If the last day lands on a weekend, do not wait for it. General information from public rules, not legal advice.
South Dakota against the other states
Calendar-day equivalents are used for the bars only (business days scaled by 7/5, months by 30, years by 365); the exact unit is in the tables.
Before you sign: South Dakota checklist
Every line below comes from a rule on this page. Tick a line as you check it.
South Dakota: written contract
| Rule | Number | Source |
|---|---|---|
| The seller must hand you a completed copy of the contract when you sign it, showing the date and the seller's name and address. The seller must also tell you of the right to cancel out loud when you sign (§37-24-5.3(2)). |
S.D. Codified Laws §37-24-5.3(1) Covers: Door-to-door sales. A failure is a deceptive act or practice under §37-24-6. |
South Dakota: right to cancel
The federal rule (16 CFR §429.1(a)) gives 3 business days for a sale made at your home. Rules of South Dakota below are added to it.
| Rule | Number | Source |
|---|---|---|
| You can cancel a South Dakota door-to-door sale until midnight of the third business day after the date of the transaction. South Dakota defines a business day as any calendar day except Sunday and ten listed holidays (§37-24-1(2)), a list that is not the same as the federal holidays. The calculator counts every day, so it shows the earliest possible date and the real last day can be later; confirm the date with the seller in writing. |
3 business days counted from the day you sign |
S.D. Codified Laws §37-24-5.3(1) Covers: A door-to-door sale of $25 or more, including a sale made after the buyer invited the seller, where the buyer agrees away from the seller's place of business. Not a sale that follows a visit by the buyer to the seller's retail business or one where federal credit law already gives a right of rescission (see the exclusions in §37-24-5.2). |
| The South Dakota 3-day right covers a sale that the seller personally solicits and the buyer agrees to somewhere other than the seller's place of business. A roofer who talks to you at your house and signs you up there is covered even if you called first. Section 37-24-5.2 lists exceptions. |
S.D. Codified Laws §37-24-5.1 Covers: Sales, leases or rentals of goods or services with a purchase price of $25 or more, under single or multiple contracts. | |
| You lose the 3-day right only if you started the contact, the work meets an immediate personal emergency, and you give the seller a separate handwritten signed statement waiving the right. | S.D. Codified Laws §37-24-5.2(3) Covers: Door-to-door sales; this is an exclusion from the definition, so the cancellation rule does not apply to such a sale. | |
| After you cancel a door-to-door sale, the seller has ten business days to refund every payment, or it commits a deceptive practice. | 10 business days counted from the day the notice is given |
S.D. Codified Laws §37-24-5.6(1) Covers: A valid notice of cancellation of a door-to-door sale. |
| On a written South Dakota storm-damage roofing contract you may cancel within seventy-two hours after entering into it. Cancellation is by written notice to the contractor at the address in the contract; a mailed notice is effective when deposited in a mailbox, properly addressed and prepaid. |
72 hours | S.D. Codified Laws §37-24-51 Covers: A written storm damage repair contract to obtain or provide residential roofing goods and services; the contractor is a residential building contractor or remodeler providing roofing services, or a residential roofer (§37-24-49). |
| On a South Dakota storm-damage roofing contract you may also cancel within seventy-two hours after you are told your insurer denied the claim, in whole or in part. The contractor must give you a boldface statement of this right and a two-copy Notice of Cancellation form before the contract is entered into. |
72 hours | S.D. Codified Laws §37-24-51(2) Covers: A written storm damage repair contract for residential roofing goods and services. |
| After a storm-damage roofing contract is cancelled, the contractor must return within ten days any payments and notes for goods and services not actually performed. The statute's own cancellation form says the refund comes within ten business days after the contractor receives your notice; the body text says ten days. |
10 days counted from the day the notice is given |
S.D. Codified Laws §37-24-51 Covers: A cancelled written storm damage repair contract for residential roofing goods and services. |
South Dakota: Mechanic's lien
| Rule | Number | Source |
|---|---|---|
| A supplier or subcontractor who is not paid can serve you, the owner, with a sworn account and notice of claim, and you must then hold back enough of the contractor's price to cover it. | S.D. Codified Laws §44-9-10 Covers: A person furnishing labor, materials or other items that give a lien right under §44-9-1 to a contractor working on the owner's property. | |
| A South Dakota lien ends 120 days after the last work or the last item furnished unless a claim statement is filed with the county register of deeds in that time. | 120 days counted from the last day of work or delivery of materials |
S.D. Codified Laws §44-9-15 Covers: Mechanic's and materialmen's liens under chapter 44-9, including those for the repair of a building. |
| Before filing a lien statement, the person claiming the lien must mail you a copy by registered or certified mail, and the mailing receipt is attached to the filed statement. | S.D. Codified Laws §44-9-17 Covers: Any lien claimant under chapter 44-9. | |
| A lien holder must assert the lien in court within six years after the date of the last item of the claim, or the lien may not be enforced. After six years without a suit the owner, the owner's agent or the contractor may file an affidavit and the register of deeds must cancel the lien within thirty days. |
6 years counted from the date the rule names |
S.D. Codified Laws §44-9-24 Covers: Mechanic's and materialmen's liens under chapter 44-9. |
| You can serve a written demand on a lien holder to sue, and if no suit is started within thirty days the lien is forfeited. To have the register of deeds cancel the lien, the affidavit, a copy of the demand and proof of service may be filed no sooner than the fortieth day after service. |
30 days counted from the day the notice is given |
S.D. Codified Laws §44-9-26 Covers: The owner, the owner's agent or the contractor serving written demand on a person holding a lien. |
South Dakota: insurance claims and your roofer
| Rule | Number | Source |
|---|---|---|
| A South Dakota roofer may not advertise or promise to pay or rebate any part of your insurance deductible, and a contract made in breach of that rule is void. | S.D. Codified Laws §37-24-50 Covers: A residential building contractor or remodeler providing roofing services, or a residential roofer (§37-24-49). |
The insurer’s own deadlines are on the South Dakota claim deadlines page.
What we could not confirm in South Dakota
- Rules on a roofer negotiating or adjusting your insurance claim: not confirmed. No public-adjuster or claim-negotiation rule for contractors was found in the sections read (Title 58 chapters 58-30 and 58-33, and the chapter list of Title 58).
- Assignment of insurance benefits to a roofer: not confirmed. No South Dakota statute on assignment of property-claim benefits to a contractor was found in the sections read (Title 58 chapters 58-12 and 58-33; Title 37 chapter 37-24).
- A cap on the deposit a South Dakota roofer may ask for: not confirmed. Not found in the sections read (Title 37 chapter 37-24 and Title 44 chapter 44-9). South Dakota may have no cap.
- A price-gouging ban after a declared emergency: not confirmed. No price-gouging provision was found in the sections read (Title 37 chapter 37-24, the deceptive practices chapter).
- Registration or other rules for contractors after a disaster: not confirmed. No post-disaster contractor rule was found in the sections read (Title 37 chapter 37-24 and Title 36 chapter list).
- A general rule that every roofing contract must be in writing: not confirmed. Not found. Only the door-to-door copy-of-contract rule (§37-24-5.3) and the written storm-damage contract rule (§37-24-51) were found.
- A state license or registration for roofers: not confirmed. Title 36 (professions) lists licences for electricians and plumbers but no roofing chapter in the chapter list read.
South Dakota contract questions
- How long can I cancel a roofing contract in South Dakota?
- S.D. Codified Laws §37-24-5.3(1): 3 business days, counted from the day you sign. The federal rule gives 3 business days for sales made at your home. The median across the 25 of 27 states with a confirmed number is about 4 calendar days (business days scaled by 7/5). South Dakota defines a business day as any calendar day except Sunday and ten listed holidays (§37-24-1(2)), a list that is not the same as the federal holidays. The calculator counts every day, so it shows the earliest possible date and the real last day can be later; confirm the date with the seller in writing.
- Can I cancel if my South Dakota insurer denies the roof claim?
- S.D. Codified Laws §37-24-51(2): On a South Dakota storm-damage roofing contract you may also cancel within seventy-two hours after you are told your insurer denied the claim, in whole or in part. 72 hours, counted from the date the rule names. The contractor must give you a boldface statement of this right and a two-copy Notice of Cancellation form before the contract is entered into.
- What is a mechanic's lien on a house in South Dakota?
- S.D. Codified Laws §44-9-15: A South Dakota lien ends 120 days after the last work or the last item furnished unless a claim statement is filed with the county register of deeds in that time.
- Can a roofer in South Dakota handle my insurance claim for me?
- S.D. Codified Laws §37-24-50: A South Dakota roofer may not advertise or promise to pay or rebate any part of your insurance deductible, and a contract made in breach of that rule is void.
- Can a roofer in South Dakota waive my insurance deductible?
- S.D. Codified Laws §37-24-50: A South Dakota roofer may not advertise or promise to pay or rebate any part of your insurance deductible, and a contract made in breach of that rule is void.
Why contracts get signed fast after a South Dakota hailstorm
NOAA lists 1 South Dakota city in our data with 158 city-days of hail at 1 inch or more since 2014; the largest stone was 4.5 inches and the busiest month is Jul.
South Dakota cities we cover
| City | Cost | Roofers |
|---|---|---|
| Rapid City | Roof age | Roofers in Rapid City |
Where each South Dakota rule comes from
| Rule | Source | Read |
|---|---|---|
| Written contract: no fixed number The seller must hand you a completed copy of the contract when you sign it, showing the date and the seller's name and address. |
S.D. Codified Laws §37-24-5.3(1) statute text Quote“Fail to furnish the buyer with a fully completed receipt or copy of any contract pertaining to such sale at the time of its execution which shows the date of the transaction and contains the name and address of the seller” |
2026-10-09 official page |
| Right to cancel: 3 business days You can cancel a South Dakota door-to-door sale until midnight of the third business day after the date of the transaction. |
S.D. Codified Laws §37-24-5.3(1) statute text Quote“YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION.” |
2026-10-09 official page |
| Right to cancel: no fixed number The South Dakota 3-day right covers a sale that the seller personally solicits and the buyer agrees to somewhere other than the seller's place of business. |
S.D. Codified Laws §37-24-5.1 statute text Quote“in which the seller or his representative personally solicits the sale, including those in response to or following an invitation by the buyer, and the buyer's agreement or offer to purchase is made at a place other than the place of business of the seller” |
2026-10-09 official page |
| Right to cancel: no fixed number You lose the 3-day right only if you started the contact, the work meets an immediate personal emergency, and you give the seller a separate handwritten signed statement waiving the right. |
S.D. Codified Laws §37-24-5.2(3) statute text Quote“In which the buyer has initiated the contact and the goods or services are needed to meet a bona fide immediate personal emergency of the buyer, and the buyer furnishes the seller with a separate dated and signed personal statement in the buyer's handwriting describing the situation requiring immediate remedy and expressly acknowledging and waiving the right to cancel the sale within three business days” |
2026-10-09 official page |
| Right to cancel: 10 business days After you cancel a door-to-door sale, the seller has ten business days to refund every payment, or it commits a deceptive practice. |
S.D. Codified Laws §37-24-5.6(1) statute text Quote“Fail or refuse to honor any valid notice of cancellation by a buyer and within ten business days after the receipt of such notice, to refund all payments made under the contract or sale” |
2026-10-09 official page |
| Right to cancel: 72 hours On a written South Dakota storm-damage roofing contract you may cancel within seventy-two hours after entering into it. |
S.D. Codified Laws §37-24-51 statute text Quote“may cancel the contract within seventy-two hours after: (1) Entering into the contract” |
2026-10-09 official page |
| Right to cancel: 72 hours On a South Dakota storm-damage roofing contract you may also cancel within seventy-two hours after you are told your insurer denied the claim, in whole or in part. |
S.D. Codified Laws §37-24-51(2) statute text Quote“may cancel the contract within seventy-two hours after: ... (2) Being notified that the owner's property insurance carrier has denied coverage, in whole or in part, for that person's or entity's claim” |
2026-10-09 official page |
| Right to cancel: 10 days After a storm-damage roofing contract is cancelled, the contractor must return within ten days any payments and notes for goods and services not actually performed. |
S.D. Codified Laws §37-24-51 statute text Quote“Within ten days after such a contract has been canceled, the contractor shall tender to the insured any payments made by the insured and any note or other evidence of indebtedness for any goods and services not actually performed.” |
2026-10-09 official page |
| Mechanic's lien: no fixed number A supplier or subcontractor who is not paid can serve you, the owner, with a sworn account and notice of claim, and you must then hold back enough of the contractor's price to cover it. |
S.D. Codified Laws §44-9-10 statute text Quote“may serve upon the owner, or his duly authorized agent or representative at any time, a sworn account and notice of his claim showing the items and amounts and the dates that the same were furnished, and thereupon the owner shall withhold from his contractor so much of the contract price as may be necessary to meet the claims of persons who have served such accounts and notices” |
2026-10-09 official page |
| Mechanic's lien: 120 days A South Dakota lien ends 120 days after the last work or the last item furnished unless a claim statement is filed with the county register of deeds in that time. |
S.D. Codified Laws §44-9-15 statute text Quote“The lien shall cease at the end of one hundred twenty days after doing the last of such work, or furnishing the last item of such skill, services, material, or machinery, unless within such period a statement of the claim therefor be filed with the register of deeds of the county in which the improved premises are situated” |
2026-10-09 official page |
| Mechanic's lien: no fixed number Before filing a lien statement, the person claiming the lien must mail you a copy by registered or certified mail, and the mailing receipt is attached to the filed statement. |
S.D. Codified Laws §44-9-17 statute text Quote“Before filing such lien statement, the person claiming the lien shall mail to the property owner at his last known post office address, by registered or certified mail, a copy of such lien statement and the post office receipt for such mailing shall be attached to the lien statement and filed in the office of register of deeds.” |
2026-10-09 official page |
| Mechanic's lien: 6 years A lien holder must assert the lien in court within six years after the date of the last item of the claim, or the lien may not be enforced. |
S.D. Codified Laws §44-9-24 statute text Quote“No lien may be enforced in any case unless the holder of the lien asserts the lien, either by complaint or answer, within six years after the date of the last item of the lien holder's claim as set forth in the filed and entered lien statement.” |
2026-10-09 official page |
| Mechanic's lien: 30 days You can serve a written demand on a lien holder to sue, and if no suit is started within thirty days the lien is forfeited. |
S.D. Codified Laws §44-9-26 statute text Quote“the person shall commence suit within thirty days after such service or the lien is forfeited” |
2026-10-09 official page |
| Insurance claims and your roofer: no fixed number A South Dakota roofer may not advertise or promise to pay or rebate any part of your insurance deductible, and a contract made in breach of that rule is void. |
S.D. Codified Laws §37-24-50 statute text Quote“No contractor providing residential roofing goods and services to any person or entity may advertise or promise to pay or rebate all or part of any applicable insurance deductible. If a contractor violates this section, any contract entered into between the contractor and that person or entity is null and void.” |
2026-10-09 official page |
Nearby states
Iowa, Nebraska, Colorado, Indiana or all states.
Related: South Dakota claim deadlines, South Dakota roofers, insurer roof-age rules.